The African longfin eel could be coming to Michigan. A Florida-based firm plans to establish an aquaculture project to commercially raise the African longfin eel in St. Johns, Michigan. But this project could lead to the release of dangerous pathogens or diseases into the Great Lakes.

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Aqua Vida Aquaculture aims to operate the first African longfin eel farm in Michigan. The African longfin eel is a popular food dish in Japan and other Asian countries. The commercial fishery industry is growing rapidly at a time when the U.S. imports more seafood than ever before and global food production may lag behind population growth.

Proponents of aquaculture in Michigan say that aquaculture can be more cost effective than other types of farming. Aqua Vida claims that eel farming uses less water and resources than other protein sources, like traditional land animal farming. The Michigan Aquaculture Association says that the Michigan aquaculture industry could support as many as 1500 jobs within a decade.

But these claims ignore some of the grave potential downsides to aquaculture. What happens when the "product" leaves the farm? Invasive species are a great threat to the environmental health of the Great Lakes. According to a study from the journal Management of Biological Invasions, aquaculture farms may lead to the introduction of invasive species, and the African longfin eel could carry "alien parasites and diseases" harmful to the Great Lakes.

Aquaculture brings the benefits of new food sources with the risks of invasive species that could upset an important ecological balance.

From an employer's perspective, it is important to track what skills are "trending" in the job market. A savvy employer will use the information to train and reward current employees and to screen and recruit new applicants.

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Computer processes and automation are increasingly important in business because they save time and money and increase productivity. But there are just some things that technology cannot do: form personal connections and nurture client relationships, think outside the box, and adapt to new problems.

Taking all of that into consideration, LinkedIn analyzed thousands of job postings and plucked out the most sought-after skills of 2019:

· Soft skills are important for building relationships and problem-solving. The number one soft skill for 2019 is Creativity. Although the rise of automation is great for established tasks, employers need creative people to visualize solutions to new and evolving issues.

· Other important soft skills on the list were Persuasion, Collaboration, Adaptability, and Time Management, all of which are important in a variety of career fields including sales, marketing, and project management.

Although the law allows individuals to use marijuana recreationally, employers are not afraid to enforce their rights under the marijuana law. For example, Lansing's largest employers won't allow marijuana use. Recall that the law allows an employer to enforce its workplace drug policies. For many employers, that means zero tolerance.

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The State of Michigan, Michigan State University, General Motors, Sparrow Health, and McLaren Greater Lansing will all continue to enforce their current drug policies.

The marijuana law raises many questions. Employers wonder what it means to be "under the influence" of marijuana. Unfortunately, the law doesn't define what "under the influence" means. One study suggests that one joint can have an effect for up to five hours, so an employee that doesn't necessarily appear high may still be experiencing impaired judgment and reaction time.

That is where drug testing comes in. But that poses problems, too. Marijuana, unlike alcohol, can show up in the body weeks or months after consumption. If an employee tests positive for marijuana, there is no cost-effective method for telling how recently the drug was used or whether the employee was high at a particular time.

If you are an employer, this is your opportunity to review and revise your policies and employee handbooks. Contact our office for help navigating marijuana- and employment-related issues at (248) 380-0000 or online at www.fb-firm.com.

Some multiemployer pension plans are in serious trouble. According to a recent article, as many as 121 pension plans are in critical status. According to the Pension Benefit Guaranty Corporation (PBGC), there are around 1,400 total multiemployer pension plans, meaning that around 8-9% of multiemployer plans are in trouble. Although the PBGC was created by federal law to insure pension plans in the event of a fund failure, the PBGC itself is slotted to run out of money by the year 2025.

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Eventually, the legislature is going to have to make a policy decision as to who should make up the shortfall-a losing proposition for everyone. If the risk falls to the workers, then relatively low-wage earners will be forced to accept lower benefits at a higher cost, and fixed-income retirees may also have to do more with less. Similarly, if the risk shifts to employers, then they may be driven out of business by the steep deficit, or employers may simply pass the added cost onto workers (through bargaining) or customers (through product and service pricing).

Frankly, it's impossible to simply lay the blame on the workers or management: Both sides share some of the blame. Often times, benefits were either mutually bargained for or were decided on by pension boards, which are often made up of equal numbers of union and management representatives. But the blame doesn't lie solely with pension-plan decision makers: out-of-control market forces have also played a significant hand.

The solution, therefore, should be a shared one. But it isn't fair to make drastic changes to fixed-income retirees who already held up their end of the bargain. And it isn't fair to give pension plans a taxpayer-funded bailout since taxpayers generally have nothing to do with these plans. Let's not forget that the PBGC was created to deal with the exact situation in which the red-zone pensions find themselves. Thus, the PBGC should be revitalized so it can do its job. But how it does that is a matter of some debate.

The right-leaning Heritage Foundation posted 12 reforms that would help pensions to recover without the use of any tax dollars to fund a bailout. The Heritage-endorsed ideas would require sacrifices from all stakeholders. The ideas relate to benefit freezes, changes to collective bargaining, employer and employee premium increases, and allowing workers a buy-out option, among others. These reforms, according to Heritage, would improve pension funding, improve PBGC funding, and minimize benefit cuts.

Writing for the left side of the aisle, James Hoffa, president of the International Brotherhood of Teamsters, supports a bill that would allow the U.S. Treasury to sell bonds on the open market to cover the PBGC-funding shortfall. Hoffa says the plan will save the PBGC around $20 billion. Hoffa argues the cost to implement the program is justified because failed pension plans and a bankrupt PBGC would result in millions of people becoming government dependent. That would be a huge taxpayer burden. The bill was introduced by Sen. Sherrod Brown (D-Ohio) and Rep. Richard Neal (D-Mass.) and has at least some bipartisan support, but since 2017, it has not gained the necessary traction to become law.

In a country often divided on party lines, it may come as a surprise that both sides agree that something must be done to avoid a complete meltdown. The years 2017 and 2018 saw some meaningful discussion but no real action. With 2019 upon us, and with it a Democrat-controlled House and Republican-controlled Senate, multiemployer pension plans are in as precarious a position as ever, with no readily apparent solution in sight.

The Michigan Education Association (MEA), the state's largest teachers union, has lost 28% of its membership since right-to-work was passed in Michigan six years ago. At least one bargaining unit, the Roscommon Teachers Association, left the MEA entirely to go it alone as an independent union. According to Jim Perialas, President of the Roscommon Teachers Association, the MEA was "mean and nasty" towards those that opted out under the right-to-work law. Perialas felt that the MEA should have worked harder to win members back, rather than using bullying and strong-arm tactics to reign in the defectors.

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The union-membership decline isn't limited to the MEA. The Michigan arm of the American Federation of Teachers has had a 22% decline since right-to-work. But the opt-out issue may not affect all unions the same. After the Supreme Court's famous (or infamous) Janus decision, many predicted that even non-right-to-work states would see a sharp decline in union membership. However, many states have seen the opposite. But it's too soon to say what the full impact of Janus will be. Anti-union groups feel it's only a matter of time (and a little anti-union lobbying) until more workers see the light and opt out of the union.

In the meanwhile, unions will have to be more competitive than ever in order to entice new hires to join their ranks and to keep their existing members engaged.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against an individual "because of such individual's . . . sex." But many courts disagree as to what the law means. In fact, most courts still hold that gender identity and sexual orientation are not protected under Title VII. However, employers should be on the lookout for a possible policy shift.

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For example, the Second Circuit found that Title VII protects sexual orientation. In that case, a skydiving instructor was fired after telling a female customer that he was gay. See Zarda v. Altitude Express, Inc., 883 F.3d 100 (2nd Cir. 2018).

Along those lines, the Sixth Circuit recently found that Title VII protects gender identity. In that case, a transgender funeral home employee was fired after telling his employer that he was transitioning from male to female. EEOC v. R.G. & G.R. Harris Funeral Homes, 884 F.3d 560 (6th Cir. 2018).

The fissure between sides on this is so deep that the Department of Justice and the Equal Opportunity Employment Commission can't even agree.

These issues are currently pending before the US Supreme Court, but there's no date set at this time. For now, tread lightly and reach out to your employment law attorney for guidance through these murky waters.

Michigan became the 10th state to allow recreational marijuana. However, it isn't quite legal yet. The popular recreational drug will become fully legal for consumption 10 days after the election results are ratified. Marijuana won't be commercially available for sales until around early 2020, as Michigan must still approve regulations and issue licenses to potential sellers.

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As for how much Marijuana one can possess, there is a limit. A person age 21 or older will be allowed 2.5 ounces of the substance on their person, and 10 ounces in their home. Most of the drug they own will have to be locked up. In addition, a person is allowed to grow up to 12 plants in their home for personal use. These plants cannot be sold.

Public use of the drug still has not changed. Public consumption of the drug remains prohibited. Much like driving while drunk, individuals found to be under the influence of Marijuana while driving can be arrested. Landlords and employers still retain the right to prohibit use of the drug.

Although Proposal 1 was passed, there are Michigan lawmakers working to find a way to prohibit the drug. Marijuana is still illegal under federal law, meaning federal employment opportunities will continue to have a zero-tolerance policy.

As we've all heard by now, marihuana will soon be legal in Michigan for recreational use. But what does that mean for the workplace?

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Well, according to Section 4.3 of the voter-initiated Michigan Regulation and Taxation of Marihuana Act, an employer may continue to enforce workplace drug policies and may also discipline, discharge, or refuse to hire an employee for marihuana use.

The moral of the story is "read up before you toke up!" Employers should review their workplace policies and procedures and consider revisions where appropriate.

The vegetation removal preemption act ("Lame Duck" Senate Bill 1188 of 2018), if passed, would take environmental control away from local communities. At the moment, most developed communities have ordinances that "speak for the trees" when a developer comes in looking to clear them out. Communities have strong interests in protecting their trees. Tree-rich areas serve as much-needed habitats for animals and also purify air and stormwater and maintain the aesthetic quality of a community, among other benefits.

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Development, on the other hand, is also beneficial to communities. Developers pay wages and taxes, stimulate the economy, and generally build structures that are needed in civilized society. But development doesn't come without a cost. Any development necessarily requires tree removal and interference with wind, water, and sunlight. Tree-removal ordinances and zoning schemes seek to offset the downsides of development.

However, SB 1188 and its associated package of bills would take away local control of those important issues. Under the bill, a local government would not be able to prohibit or restrict the removal of most trees. The bill would also prohibit a community from collecting money for a tree fund or requiring the planting of replacement trees.

In short, if the bill passes, communities would be helpless to protect their local environments from the burdens of development.

Because many individuals, including college students who can now legally drink, return to their hometown for the Thanksgiving Holiday, Drinksgiving has now turned into one of the biggest bar nights of the year; surpassing New Year's Eve and St. Patrick's Day in some areas.

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The name 'Black Out Wednesday' is a clever pun, but associates the day with the popular binge drinking fascination of 'blacking out,' or memory loss from excessive alcohol consumption. As is expected on popular nights of drinking, Drinksgiving is also a dangerous time on the roads.

Between Thanksgiving Eve and New Year's, DUI rates are anywhere from double to triple the normal rates from other times of the year. According to the Centers for Disease Control, 728 people will be injured or killed each day between Thanksgiving and New Year's Day as a result of drunk driving.

As always, the holidays are a time for people to enjoy the company of friends and family. If you are not going to be heading to the bars on Thanksgiving Eve, try to avoid the roads. If you do choose to go to the bars, make sure you have plans for a way home to ensure that everybody has a safe and joyful holiday season.

If you are facing criminal charges, Mark Mandell is an experienced Metro Detroit defense attorney and a former prosecutor. Call Fausone Bohn, LLP today at (248) 468-4536, and find out how our defense attorneys can help you.

A recent memo by the NLRB General Counsel makes it easier for workers to take action against their unions for negligence. All labor unions have a duty to fairly represent their members in filing and prosecuting grievances. A breach of that duty is an unfair labor practice. But after a fumbled grievance, unions could traditionally assert a "mere negligence" defense.

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However, the General Counsel's position is that negligence can rise to the level of arbitrary conduct necessary to find that an unfair labor practice occurred. Going forward, unions will be required to show that they have procedures in place to properly track grievances. There is no bright-line rule, though, so any analysis will depend on the facts of each case.

But how does this affect Michigan public employees and their labor unions? That's not exactly clear. In many cases, the Michigan Employment Relations Commission relies on national precedent. So all unions and their workers should be on the lookout.

Part 1 discussed Michigan's minimum-wage increases beginning in 2019. Part 2 now discusses another new Michigan law: the Earned Sick Time Act. Similar to the minimum-wage increases, the sick-time changes will take effect around March 2019.

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The Act creates two categories of employer: small businesses and businesses with 10 or more employees. Regardless of the employer's size, employees must earn at least one hour of sick time for every 30 hours of work. Small-business employees aren't entitled to use more than 40 hours of paid sick time per year. For all other employees, the limit is 72 hours per year. In either case, employers may allow a higher cap on sick-time use.

Earned sick time can be used for various reasons relating to the mental and physical health of employees or certain family members. Notably, earned time must carry over from year to year, but there's no requirement that unused time be paid out when the employment relationship ends.

As with any law, there are plenty of exceptions and nuances. Make sure to seek professional advice to be certain a sick-time plan complies with the new law.

Michigan is the tenth state to legalize recreational marihuana. But make no mistake, many Marijuana-related activities are still illegal-not to mention dangerous. Under Michigan law, driving while impaired has been illegal for a long time. Driving high can cost you your freedom (not to mention thousands in attorney fees and court costs).

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But it isn't just costly, driving high is also incredibly dangerous. Did you know in Colorado (the first state to legalize Marijuana) between 2013 and 2017 Marijuana-related driving deaths more than doubled? Overall traffic deaths increased by 35%, yet marijuana-related traffic deaths went up by 151%.

One joint can impair driving up to five hours after the fact. With Marijuana in the media and on the news, you can expect Michigan cops to be hyper-aware of these issues.

To sum it up, driving high could be expensive. Is the cost of someone's life something you can afford?

If you are facing criminal charges, Mark Mandell is an experienced Metro Detroit defense attorney and a former prosecutor. Call Fausone Bohn, LLP today at (248) 468-4536, and find out how Mark and our other defense attorneys can help you.

Naloxone Kits are designed to help reverse the effects of a drug overdose. In Barrie, Ontario these are a common sight and needed far more than one would expect.

Canada continues to suffer from a country-wide Opioid crisis that killed nearly 4,000 Canadians last year. Barrie seems to be suffering some of the worst effects of the crisis, with the small city reporting 36 overdose-related deaths. The events have come as a surprise to many of the residents of Barrie, a city that normally gets only a handful of deaths a year, a few from crime or auto accidents.

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The drug addiction rate preys on many of the pockets of poverty within the city. Homeless shelters, soup kitchens, and drug clinics seem to be points of vulnerability for drug exposure within the city. The epidemic has reached such a point that the sight of "Naloxone Kits Available Here" posted on signs hanging outside pharmacies is a common sight.

With these kinds of statistics for drug abuse, one would think Barrie would be the prime site for an overdose-prevention site. Sites like these allow a drug user a safe place to dose themselves, with the proper supplies and personnel on hand to deal with an overdose.

Unfortunately, Premier Doug Ford, a recently elected Canadian official, has opposed the sites. With his opposition the number of sites across the country, Barrie's chances at getting one such site seem low.

The opposition to the sites stems from them being a somewhat touchy subject for many. Conservative officials vehemently oppose the idea, claiming that a drug injection site would tarnish the city's historic downtown.

A new Michigan law, the Improved Workforce Opportunity Wage Act, raises the minimum wage and also changes other aspects of the employment relationship. Although the changes may be significant for certain businesses, there's still time to plan, since the law doesn't take effect until around March 2019.

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The minimum wage will increase to $10 per hour in 2019. It then steadily increases each year until reaching $12 per hour in 2022. Traditionally, employees that earn tips-like waiters and waitresses-received a lower minimum wage than other employees. Right now, the tipped-employee minimum wage is $3.52 per hour. The new law, however, gradually phases out the tipped-employee minimum wage. By the year 2024, tipped employees will be entitled to the same wage as everyone else.

The Act also establishes rules for a variety of other areas, like payment of compensatory time in lieu of overtime, pay rates for employees in training and apprenticeships, and penalties for employer violations.

Remember, it isn't enough just to read the law. The Act also creates a commission to set administrative rules that employers must also comply with. To avoid possible penalties, make sure HR and management are up to speed on these changes.